The public risks being misled by plans for a “soft” opt-out system for organ donation put forward by the Scottish Government, it has been claimed.

The Scottish Council on Human Bioethics (SCHB) said it is concerned the Human Tissue (Authorisation) (Scotland) Bill would actually see a form of “hard” opt-out for the most common organs including the lungs, kidney and liver.

This means a person’s nearest relatives would not have a final say as to the removal of organs for transplantation.

Public views on the Bill have been sought via a consultation which ends on Tuesday.

Under the legislation people would be assumed to have consented to their organs being used to help others unless they had signed an opt-out.

The proposed system includes protection for adults without the capacity to understand, those living in Scotland for less than a year, and under-16s.

The Scottish Government said the Bill contains safeguards to ensure people’s wishes regarding donation are followed and that families will be asked about their loved one’s views.

But the SCHB said there was no provision for relatives having a final say in most cases where the adult has not opted out.

Dr Calum MacKellar, director of research at the SCHB, said: “It is completely inappropriate and misleading for the Scottish Government to state that it is introducing a soft opt-out system when it is actually seeking to implement a form of hard opt-out system for most organs.”

He said that while most people welcomed the possibility of donating their organs after death, the change “could lead to an undermining of public confidence in the whole system”.

Public Health Minister Joe FitzPatrick said: “This is a complex and sensitive issue and the guiding principle behind the proposed system, as with the current system, is to honour the donation decision that a person has made in life.

“Families are vital in representing the views of the potential donor and sharing information that ensures the safety of organs and tissue for transplantation.

“Family members will continue to be involved in the donation process and will be able to advise of views the potential donor held.”